California Penal Code Section 470A PC: Forgery Of A Driver's License

1. Definition and Elements of the Crime

A fake driver's license can be a valuable commodity for a variety of people, ranging from minors wanting to buy alcohol and get into clubs to undocumented immigrants who want to secure employment. In California, forging or counterfeiting a driver's license is a crime under California Penal Code Section 470A PC that can lead to a felony conviction on one’s criminal record.

To prove that a defendant committed the crime of forging or counterfeiting a driver's license, a prosecutor must be able to prove following elements:

When the defendant did this, he or she intended that the driver's license or identification card be used to help commit forgery.

Someone intends to commit forgery if he or she intends to use a forged, counterfeit, altered, falsified, duplicated, or reproduced document to deceive another person in order to cause a loss, or cause damage to a legal, financial or property right. It is not required that anyone actually be defrauded or actually suffer a loss as a result of the defendant's conduct.

A student at a local art school starts a lucrative business of making fake driver's licenses and identification cards for other underage students. The man takes a photo his clients, then uses a computer to design a duplicate of Florida's driver’s license using that picture. He then has the equipment to print his fake licenses on cards identical to the one used by the state of Florida. The student could be arrested and prosecuted for forgery of a driver's license or government identification card under California Penal Code Section 470A PC. The fact that the student was creating fake Florida identifications does not make him immune from prosecution in California, if that is where the production of the identification cards took place. Forging or counterfeiting any state or government's identification card or driver's license is enough to violate the statute.

In another example, a doctor's office requires that all new patients must provide a photocopy of their driver's license as part of creating a new patient file. The doctor’s administrative assistant makes the copies on a state-of-the-art, photorealistic copy machine. Neither the assistant nor the doctor would be criminally liable for committing forgery or counterfeiting of a driver's license, as they did not make the copies of the license for any fraudulent purpose, which is required under the statute. Needless to say, it is important to be careful when making copies of licenses, as it is an act that under the right circumstances may be considered to be criminal.

4. Defenses to Forgery of a Driver's License

As described above, the false driver's license or identification card must be produced in connection with a fraudulent intent. Thus if the alteration, counterfeiting or reproduction was done for some other legitimate reason, or even done as a joke, the client would not be criminally liable under the statute.

5. Penalties

Forgery of a driver's license or government-issued identification card is a "wobbler" offense. This means that a prosecutor can pursue the case as either a felony or misdemeanor. Prosecutors tend to evaluate factors such as the criminal history of the defendant and the circumstances of the crime when deciding what level of charges would be appropriate to file. If charged and convicted of the misdemeanor, a defendant can be sentenced to up to a year in jail in addition to extensive court fines. If charged and convicted of the felony, a defendant can be sent to prison for up to three years.

6. Criminal Defense for Forgery of a Driver's License

If you or someone you know are being investigated for forgery of a driver's license, or have been charged criminally with this offense, it is critical that you consult with a Los Angeles Criminal Defense Attorney as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut brings a unique perspective in defending cases such as this. Mr. Kraut is well-known throughout the court system as an aggressive litigator who works hard on his clients' behalf.

Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas

★★★★★

I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad

★★★★★

Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida

★★★★★

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★★★★★

Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.